Disposed

Shilpa S v. Robin Prabhakaran

Kerala HC12 Jul 2018OP (FC)/355/2018

Case brief

AI extract

What is this about?

In a petition seeking directions for early disposal of pending family court cases filed by the petitioner, the High Court accepted the Family Court's report that cases are ripe for trial and directed disposal within six months, disposing of the petition itself without issuing notices.

What did the court decide?

Directed Family Court, Kollam to dispose of OP No.200/2013 and OP (HMA) No.716/2015 within six months.

Shilpa S Vs Robin Prabhakaran — Matrimonial and Divorce | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM

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& THE HONOURABLE MR. JUSTICE R. NARAYANA PISHARADI

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THURSDAY, THE 12TH DAY OF JULY 2018 / 21ST ASHADHA, 1940

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OP (FC).No. 355 of 2018

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(ARISING FROM OP (HMA) 716/2017 of FAMILY COURT, KOLLAM)

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PETITIONER

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SHILPA S., AGED 28 YEARS, D/O.THULASIDHARAN, SOUPARNIKA, OPP.L.P.SCHOOL, PUTHENKULAM P.O., POOTHAKKULAM VILLAGE, KOLLAM TALUK, KOLLAM DISTRICT.

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BY ADVS.SRI.K.S.BABU

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SMT.N.SUDHA SMT.BOBBY U. NAIR SRI.BABU SHANKAR SRI.T.N.JAYADEVAN

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RESPONDENTS:

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1. ROBIN PRABHAKARAN

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S/O.PRABHAKARAN, KRISHNALAYAM, CHIRATTAKONAM, THALACHIRA P.O., KOTTARAKARA TALUK, KOLLAM DISTRICT, NOW RESIDING AT J-275, SARITHA VIHAR, NEW DELHI, PINCODE-110 049.

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2. SUSHAMA PRABHAKARAN, W/O.PRABHAKARAN, KRISHNALAYAM, CHIRATTAKONAM, THALACHIRA P.O., KOTTARAKARA TALUK, KOLLAM DISTRICT- 691538.

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3. PRASANTH PRABHAKARAN, S/O.PRABHAKARAN, KRISHNALAYAM, CHIRATTAKONAM, THALACHIRA P.O., KOTTARAKARA TALUK, KOLLAM DISTRICT- 691538.

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THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 12-07-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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AMG

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OP (FC).No. 355 of 2018 (R)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1 - TRUE COPY OF THE ORIGINAL PETITION IN OP NO.200/2013 OF THE FAMILY COURT, KOLLAM.

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EXHIBIT P2 - TRUE COPY OF THE OBJECTION FILED BY THE RESPONDENTS

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EXHIBIT P3 - TRUE COPY OF THE ORIGINAL PETITION IN O.P (HMA) NO. 716/2015

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EXHIBIT P4 - TRUE COPY OF THE OBJECTION FILED BY THE RESPONDENT.

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EXHIBIT P5 - TRUE COPY OF I.A. NO. 19/2017 IN O.P (HMA) NO. 716/2015 OF THE FAMILY COURT, KOLLAM.

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EXHIBIT P6 - TRUE COPY OF I.A. NO. 695/2017 IN O.P (HMA) NO. 716/2015 OF THE FAMILY COURT, KOLLAM.

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RESPONDENT'S EXHIBITS

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NIL

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AMG

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C.K. ABDUL REHIM, J. & R. NARAYANA PISHARADI, J.

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O.P. (FC) No. 355 OF 2018

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DATED THIS THE 12^th DAY OF JULY, 2018

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J U D G M E N T

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Abdul Rehim, J:

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In view of the limited relief sought for in this original petition and in view of the relief proposed to be granted, it is not necessary to issue notice to the respondent. Hence the original petition is disposed of at the stage of admission itself.

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The petitioner filed OP No.200/2013 before the Family Court, Kollam seeking for realization of an amount of Rs.38,14,800/-. She had also filed another case as OP (HMA) No.716/2015 before the same court, seeking dissolution of the marriage existing between herself and the 1^st respondent, on the ground of cruelty and desertion. It is stated that, despite motion made before the Family Court for a speedy disposal of OP (HMA) No.716/2015 by attempting to advance the posting of the case, and despite

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OP (FC) No. 355/2018

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-2-

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posting of the said case on different dates, the respondent is not co-operating. Eventhough the respondents were set ex-parte, the Family Court allowed an application filed by them and set aside the ex-parte order. But the court below had not allowed the application filed seeking for speedy trial of the cases. Hence the above original petition is filed seeking for direction from this court for an early disposal of OP No.200/2013 and OP (HMA) No.716/2015, within a time frame to be fixed by this court.

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When the above original petition came up for consideration, we directed the Registry to get a report from the Family Court, with respect to the present position of the cases. In a report filed by the Judge, Family Court, Kollam, dated 09-07-2018 it is mentioned that, both the cases are ripe for trial and they are posted for starting evidence on today (12-07-2018). Learned Judge had expressed the difficulties for an early disposal of the matter, because of the huge pendency of more than 3600 cases in that court, out of which 74 cases are of 5+ year old. It is also

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OP (FC) No. 355/2018

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-3-

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mentioned that there are about 10 cases wherein this court had directed time bound disposal. However, the Judge, Family Court had expressed a commitment that the cases can be disposed of within a period of 6 months.

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We take note of the above said report on record. The original petition is disposed of by directing the Family Court, Kollam to have an expeditious disposal of OP No.200/2013 and OP (HMA) No.716/2015 at the earliest, at any rate, within a period of 6 months from today.

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Sd/- C.K. ABDUL REHIM, JUDGE .

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Sd/-

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R. NARAYANA PISHARADI, JUDGE .

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AMG

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True copy

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P.A. to Judge

Shilpa S v. Robin Prabhakaran

Case brief

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Shilpa S v. Robin Prabhakaran

Case brief

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